Neighbour erected fence on our driveway

Mde00435

Update:
 o my partner and I went round to speak with the neighbours today to try to understand the situation from their side. The fence was placed when the sellers moved their gates further forwards. Originally they were much further back and due to a soured relationship between the two parties the neighbours decided to put this fence in so they could still maintain their house. 

We asked how they would feel about us removing the fence and moving the gates further back to allow better parking and they seemed onboard with the idea. We stressed that we would never stop them having access to the maintain their property. From what we can see it’s actually due to the current owners being difficult people. So it would appear we are in the clear for now.

This is somewhat of a relief as we’ve already invested a large sum on the survey and solicitors fees.  It wasn’t something we wanted to walk away from before we explore every option. 

Whilst we were there we rechecked the boundary line and it’s definitely not a straight line down the side. If we can get the fence removed then it gives up opportunity to re-establish the correct boundary.

user1977 said: 
You've already got a solicitor dealing with this for you - what's their advice?

our solicitor hasn’t helped much. She has said before she could get the sellers to do anything we would need to get a boundary survey carried out as proof. 

Aylesbury_Duck

Mde00435 said:

Update:
 o my partner and I went round to speak with the neighbours today to try to understand the situation from their side. The fence was placed when the sellers moved their gates further forwards. Originally they were much further back and due to a soured relationship between the two parties the neighbours decided to put this fence in so they could still maintain their house. 

We asked how they would feel about us removing the fence and moving the gates further back to allow better parking and they seemed onboard with the idea. We stressed that we would never stop them having access to the maintain their property. From what we can see it’s actually due to the current owners being difficult people. So it would appear we are in the clear for now.

This is somewhat of a relief as we’ve already invested a large sum on the survey and solicitors fees.  It wasn’t something we wanted to walk away from before we explore every option. 

Whilst we were there we rechecked the boundary line and it’s definitely not a straight line down the side. If we can get the fence removed then it gives up opportunity to re-establish the correct boundary.

user1977 said: 
You've already got a solicitor dealing with this for you - what's their advice?

our solicitor hasn’t helped much. She has said before she could get the sellers to do anything we would need to get a boundary survey carried out as proof. 

If you're happy with their verbal commitment, that's good, but go into this with your eyes open.  That verbal commitment can easily be withdrawn.  I suspect if you speak to your vendors you'd get a different story.  The upshot is that if that fence being removed is essential to your plans, it's not a good idea to proceed on the basis of the verbal commitment.  If you can work around it if they change their mind, then all good.

sheramber

If the gates were moved forward then they only cover the narrower drive.  
Why was a space left to enable the next door neighbour to put up a gate and a fence?
or does the single gate and the double gate belong to the house you want to buy, meaning the boundary is up to the wall of the house next door?

Silver_Shark

You need to speak to the vendors as well as the neighbours regarding the fence, they may have a different story to tell. As it stands any neighbour disputes especially boundary disputes should be declared on a form called a Seller’s Property Information Form or SPIF for short.

leonj

It makes sense to me.  The owners moved that gate forward so the neighbour no longer had access to the side of his property. He fenced that little bit of so he still had a way to get to the side. It looks like an old house, I guess it might not have been a drive originally

unholyangel

So neighbour says relationship soured....but why? More to the point, is the neighbour admitting they erected a fence on land not belonging to them? And in response to a souring of relationship?

That's your advance warning of what you're signing up for. Potentially for not asking "how high" when they say jump.

I know people have made the point you only have one side of the story but I'd go further. You can hear both sides and yet never hear the truth. The truth is normally somewhere in between.